Ordinance 014-2012 014 -2012
ORDINANCE NO.
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS CREATING SECTION
2 -25(e) OF THE MONROE COUNTY CODE; SETTING A
POLICY NOT TO AWARD GRANTS OR CONTRACTS
TO PERSONS OR BUSINESS ENTITIES WITH
OUTSTANDING CODE COMPLIANCE FINES UNTIL
SUCH TIME AS THE FINES ARE RESOLVED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, each year, the Monroe County Board of County Commissioners awards
significant sums of money in the form of grants from various funding sources, including but not
limited to tourist development taxes and ad valorem taxes, to not - for - profit and for - profit entities;
and
WHEREAS, in addition, Monroe County enters into numerous contracts with third party
vendors for the purchase of goods and services; and
WHEREAS, it is the desire of the Board of County Commissioners that grants and
contracts only be awarded to persons and entities that are compliant with the provisions of the
Monroe County Code and have no outstanding unpaid fines arising out of Code Compliance cases,
and that grant monies and contract funds not be used to correct prior Code violations or to pay
outstanding Code Compliance fines.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
SECTION 1. A new section 2 -25(e) is added to read as follows:
Individuals and business entities with outstanding code compliance fines including
administrative costs shall not be eligible to receive grants and contracts from the county
until such time as the fines are resolved through payment or settlement.
SECTION 2. Should any provision of this Ordinance be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any
part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof
shall be held to be inapplicable to any person, property or circumstances, such holding shall not
affect its applicability to any other person, property or circumstances.
SECTION 3. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
1
SECTION 4. INCLUSION IN THE CODE OF ORDINANCES. The provisions of this
Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to
the uniform numbering system of the code.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in Section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the20thday of June , 2012.
Mayor Rice Yes
Mayor Pro Tem Wigington Yes
Commissioner Neugent Yes
Commissioner Carruthers Yes
Commissioner Murphy Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest DANY L. KOLHAGE, Clerk OF MONROE OUNT `, FLORIDA
By(17
By
Deputy Clerk Mayor /Chai erson
MON - • E COUNTY ATTORNEY
a A - ip - OV D AS O OR
o N YNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
..4" R- 4219
If) Date
N
2
MONROE COUNTY COURTHOUSE �1R BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 ��bc.... e PLANTATION KEY
KEY WEST, FLORIDA 33040 1 - Q?: '• GOVERNMENT CENTER
TEL. (305) 294 - 4641 *' 1''� 88820 OVERSEAS HIGHWAY
FAx (305) 295 - 3663 i .l I PLANTATION KEY, FLORIDA 33070
° s''• ' o- TEL. (305) 852 - 7145
BRANCH OFFICE:
%%„- C WO ` ( ) FAx 305 852 - 7146
MARATHON SUB COURTHOUSE \ "
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305) 289 - 6027 PLANTATION KEY, FLORIDA 33070
FAx (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
June 25, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 7938
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 014 -2012 creating Section 2 -25(e)
of the Monroe County Code; setting a policy not to award grants or contracts to persons or
business entities with outstanding code compliance fines until such time as the fines are resolved;
providing for severability; providing for repeal of all Ordinances inconsistent herewith; providing
for incorporation into the Monroe County Code of Ordinances; and providing for an effective
date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on June 20, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Municipal Code Corporation via e-mail
County Attorney via e-mail
County Administrator via e-mail
BOCC via e-mail
File
U.S. Postal Service rri
CERTIFIED IVIAILT, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Er For delivery information visit our website at www.usps.com
ru Postage
Certified Fee
Return Receipt Fee ostm
H
0 (Endorsement Required) / ere
Restricted Delivery Fee
I= (Endorsement Required) ( jlitk 25 20
— Total Postage & Fees MOWN \'
fittl°Liz Cloud, Program Adam. ' or
TirdtwpArA3
N Tglicaliassee y11 32199-Al259
City, State, ZIP+4
PS Form 3800. August 2006 See Reverse for Instructions
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
' 500 WHITEiiEAD STREET,SUITE 101 ��bcouNryo PLANTATION KEY
ur °"co ;..Gp GOVERNMENT CENTER
KEY WEST, FLORIDA 33040 $;"� ,, a
TEL. (305)294-4641 it,• ._7r',, * 88820 OVERSEAS HIGHWAY
FAX(305)295-3663 ;'•, . ;'i i' i, PLANTATION KEY,FLORIDA 33070
tis•., •og• TEL. (305)852-7145
BRANCH OFFICE: ' eourrt+is' FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 " '
TEL. (305)289-6027 '
FAX (305) 289-1745 COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION — C
a�-_. „.. . .n_, re G ❑Agent
• completef-items_1,2,and 3.Also complete ! ❑Agdreseel
' item 4 if Restricted Delivery Is desired. X i•ti, I�' .
• Print your name and address on the reverse i- O. Date of Delver
Ms. Liz Cloud, Program Admi so that we can return the card to you. B. Received byJ(��gliie•.y ,y
■ Attach this card to the back of the maiipiece, 14 iG .i I ❑Yes
Administrative Code & Weekl or on the front if space permits. D. Is delivery address different from item 1?
R.A. Gray Building 1. Article Addressed to:
If YES,enter delivery address below: ❑No
500 S Bronough Street Ms. Liz Cloud, Program Administr:tor
Tallahassee FL 32399-0250 R.A. Gray building
•
500 S Bronough Street
Tallahassee FL 32399-0250 3, Service Type
Dear Ms. Cloud, (Ordinance 014)
MCCertifled Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandi
0 Insured Mail 0 C.O.D.
Enclosed please find a e 4. Restricted Delivery?(Extra Fee) ElYes
of the Monroe County Code; 938;:;
2. Article Number � 7 y p ;16 p 0;�y1
2 4 4:,7 i ,
business entities with outStandll 1 i I i'c }} 'el ` ` I i t t r i i�l' ' f Ir—T t ' '—'fir--'---�.'T''�
(transfer rypm•service 12e ) 102595-02A
providing for severability; provil PS Form 3811,Feb�t aryi20104 • j I�1 Domestic;Return Receipt u
for incorporation into the Monk ',-:_, ry uue or Uralnances; and providing for an effective
date.
U.S. Postal Service,.
This Ordinance was adopted by the Monroe Cou CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance.Coverage Provided)
Regular Meeting, held in formal session, on June 20, L pm^ For'delivery information visit our website at www.usps.come
you have any questions please feel free to contact me at i I` ° ~: USE
Respectfull No Postage MIIIIII _ __
Certified Fee1MM (�'t, 1-L
ra .\<C, ostm
Danny L. K o Retum Receipt FeeMIN Here v
CI (Endorsement Required)
Clerk of the �r 012
Restricted Delivery FeeEWE eum Z
and ex offic o (Endorsement Required) 3o,s,
Board of Cc a Total Postage&Fees
. cm (T1 Liz Cloud, Program Adtiistkt. dar
by: Paint -&g pcfiasay"Bu13:di rg--3Bfl--'3-Braraougtc.:3-tree
N TATIViaassee FL 32399 925.0
City.State,ZIP+4
• PS Form 3800„August 2006 See Reverse for Instructions
cc: Municipal Code Corporation via e-mail
County Attorney via e-mail
County Administrator via e-mail
BOCC via e-mail
File
s''. TSE S
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40, ,
FLORIDA DEPARTMENT Of STATE
6 3
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 29, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court 1
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage: -
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated June 25, 2012 and certified copy of Monroe County Ordinance No. 014 -2012, which was filed in this
office on June 28, 2012.
Sincerely,
oc .6
Liz Cloud
Program Administrator l
LC /srd
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
FLOIIIDA- KEYS— —
' I"'1 f G F i , � , Ad#'8195700 . t:'.'-
r , ,, 'i NOTICE OF INTENTION TO'-.,
i , i i ,t -'• :CONSIDERAD'OPTIONOF
— " r �� ;:;;cOUNTYORDINANCE
Published Twice Weekly
NOTICE Is'HEREBY GIVEN ;,
Marathon, Monroe County, Florida is',TOWHOMIT MAY CONCERN
'''$iaton June 20;`2012at'3:00 'i
I;'°P:M.,or as so'on'thereafter asi
PROOF OF PUBLICATION --,mayeeheard;atthe .:. ..,,
ii'Marathon Government : :;'
Center,2798 Overseas ,
t;Highway,Marathon,'Monroe.
STATE OF FLORIDA .CoUnty,Florida,the Board of
COUNTY OF MONROE ('.County Commis'sionersbf
i.Monroe'County,,Florida, . ,
Before the undersigned authority person- ?!intendstocohsider'the
4.adeptionOf the folloWing., .'
ally appeared WAYNE MARKHAM who on 'Cour,,tyordinance:'
oath, says that he is PUBLISHER of the j
" FLORIDA KEYS " KEYNOTER, a twice ;.MONAN ROECOUNOF-THE
MONROE COUNTY�BOARD.-
weekly newspaper published in Marathon, ;oFCOUNTY '-, ' •• •
in Monroe County, Florida: hat 'the :.CRMMISSIONERS g-
CREATING SECTION.2-25(e)''
attached copy of advertisement was ''OFTHE'MONROECOUNTY .j
:'CODE;SETTING.A,POLICY
published in said newspaper in the issues I NOTTO,AWARD-GRANTS-
of: (date(s).of publication) ' ORCONTRACTSTO.
;,'PERSONS OR BUSINESS t:
7delf
G / �D/� EUTITIES WITH y OUTSTANDING CODE
.COMPLIANCE FINES UNTIL`.:i
+-,SUCH TIME ASTHE'FINES
:,ARE RESOLVED;', ,, '.'
:'PROVIDING FOR." , •• 7 •
:'SEVERABILITY;PROVIDING,
Affiant further says that the said FLORIDA FOR,REPEALOFALL
.ORDINANCES "
KEYS KEYNOTER is a newspaper published . INCONSISTENT HEREWITH;::,
at Marathon, in said Monroe County, i PROVIDING FORINCORPORATION•INTOTHE`'
Florida, and that the said newspaper has 'MONROE COUNTYCODEOF'
heretofore been continuously published in ,ORDINANCES;PROVIDING,I FOR AN EFFECTIVE.DATE: ' '
said Monroe County, Florida, twice each
week. (on Wednesday and Saturday) and 'Pursuant to Section28,6.0105,
Florida Statutes;notice is given
has been entered as a second class mail that ifa'persondecidesto .'
,'appeal any decision made by '+
matter at the post office in Marathon, in th'eB•oardWithrespectto•
any•...1
Monroe County, Florida, for a period of ;!matterconsideredatsuch": . .-
hearing's or meetings,'tie will
one year next preceding the first n need a record of the . .' )
publication of the attached copy of ;,p.purpose;he.rhey need to _-'roceedings;andthat;forsuch
advertisement. The affiant further says ensure,that aver'batirnrecord!
that he has neither paid nor promised any of:the proceedings ismade;' ..,
which recordincludes the,
person, firm, or corporation any discount, -testimonyandevidenceupon' ',
-rebate, commission or refund for the f which'thea'ppealistobe.'. .. -,
s . -i
purpose of securing this advertisement for Baed.• • . -. ,
publication in the said newspaper(s) and :ADAASSISTANCE:if YOU'are
Keynoter is in full i,a person with adlsabiuty
that The Florida Keys
compliance with Chapter 50 of the Florida '.'accommodationsdnorderto
State Statutes on Legal and Official .particlpatein'thls : :.. : .•
�proceeding,,please contact ';
Advertisements. the County Admlhistrator's
'.OfFlce,by phoning_(305) '
292-4441,between the hours-,3
of 8:30 a.m.=5:00 p.01.;no
later than five.(5)calendar •' .
!'days prior to the scheduled' .; "
SwornAp and b ri d before me meeting;ifyou'arehearing'or;
this /7 Day" r , 2012 voice Impaired;:call"711". �I
(SEAL) Dated at Key,West,Florida,this
• '18tii day of April,2012.. ' 1
/4( sP --1
'CA
Ci Clerk f the CircutCourtand ex
��"°N BEVERLYTRAEGER t officio Clerk of the Board of '
==Q �� ;County Commissioners of - .,
Notary i• ,_ MY COMMISSION#DD 969749 Monro •e County,:Florida- ,
,,� ��- EXPIRES:April 18,2014
F o 4" Bonded Thru Notary Public Underwriters Publish May 19 2012
.-.,.._ - I Florida Keys;Keynoter, ;. ,
•
KEY®WEST
„ff+'t 1 EN STATE OF FLORIDA
iThe Florida.Keys Only Daily Newspaper.Est.1878 COUNTY OF MONROE
Cooke Communications, LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
PO Box 1800 who on oath says that he is Vice-President of Operations of the
Key West Fl 33041 y p Key West
Office....305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County,
Extension x219 Florida; that the attached copy of advertisement, being a legal notice in the
Fax 305-295-8025 matter of
legalsAkeysnews,com
"Vol-kce vP Ntenri-,d,v 1 00 i
INTERNET PUBLISHING
keywest.com n /l L_ (keysnews.com 0 R U JJPC - �.� 4 Sec`�'(0 N - 2 7 l e)
floridakeys.com
key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS l\/��'"1t1 2D I ID I a
The Citizen / t
Southernmost Flyer
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in
Big Pine Free Press
Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing
Citizen Locals Card the first publication of the attached copy of advertisement; and affiant further
• Direct Mail says that he has neither paid nor promised any person, firm or corporation any
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing I Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen 3 keywest.com Signature of Affiant
Internet Division
33040-3328 c�
Tel 305-292-1880 Sworn and subscribed before me this b day of 7 , 2012
Fax 305-294-1699
sales@keywest.com
Upper Keys;Office Notary Public:
91731 Overseas Hwy oily DAWN KAWZINSKY
Tavernier, FL 33070 NOTARY PUBLIC
Tel 305-853-7277 f �STATE OF FLORIDA
Fax 305-853-0556 .1
Comm#EE1
freepress@floridakeys.com -0 5 702
233
191 Expires 1/4/2016
anA \<IAAA 5- )0^JY\
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO.
CONSIDER
' ADOPTION OF COUNTY.
•ORDINANCE
• NOTICE IS HEREBY.GIVEN TO
WHOM IT MAY CONCERN that
'on June 20,2012'at 3:00 P.M.;or ,
as soon thereafter as may be•
heard,at the Marathon -
Government Center,2798
Overseas Highway,Marathon,
Monroe County,Florida,the .
' Board of County Commissioners
of Monroe County,Florida,intends ,
to consider the adoption of the '
following County ordinance:
AN ORDINANCE OF THE
MONROE COUNTY BOARD OF ;
COUNTY COMMISSIONERS
CREATING SECTION 2-25(e)OF
s THE MONROE COUNTY CODE;
SETTING A POLICY NOT TO
'AWARD GRANTS OR
CONTRACTS TO PERSONS OR ,
BUSINESS ENTITIES WITH I
OUTSTANDING CODE
COMPLIANCE FINES UNTIL
SUCH TIME AS THE FINES ARE
RESOLVED;PROVIDING FOR
• SEVERABILITY;PROVIDING ,
FOR REPEAL OF ALL
I. ORDINANCES INCONSISTENT
' HEREWITH;PROVIDING FOR
INCORPORATION INTO THE
. MONROE COUNTY CODE OF
ORDINANCES;PROVIDING FOR
. AN EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes,notice is given ,
that if a person decides to appeal
' any decision made by the Board
' with respect to any matter
considered at such hearings or
• meetings,he will need a record of
the proceedings,and that,for
such" '
' purpose,he may need to ensure
that a verbatim record of the
proceedings is made,which
record .
includes the testimony and
evidence upon which the appeal is
to be based. ,
ADA-ASS/STANCE. if you are a
person with a disability who needs
special accommodations in order p
to participate in this proceeding, -
• p/ease contact the County •
Administrator's Office,.by phoning
(305) 292-4441,• between the
hours of 8:30 a.m. -5:00 p.m., no
later than five-(5) calendar days '
prior to the scheduled meeting;if
you are hearing or voice impaired,
call`711' ' •
OA �-J- Dated at Key West, Florida, this
, 18th day of April,2012.
DANNY L.KOLHAGE,
D/L/ • Clerk of the Circuit Court
and ex officio Clerk of the Board of
County Commissioners of
Monroe County,Florida
May 20,2012